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(영문) 인천지방법원 2013.10.17 2013고단5436

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On December 4, 2009, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspension of execution for a violation of the Punishment of Violences, etc. Act at Seoul High Court, and on February 10, 201, on February 10, 2011, the Seoul Eastern District Court sentenced ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul East Eastern District Court, which became final and conclusive on June 28, 2011, and the said judgment became final and conclusive, and the probation period was terminated on May 25, 2012 during the execution of the sentence, and the parole period was terminated on June 19, 2012.

[2013 Highest 5436]

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over, or arrange for, any other person the head of a means of electronic financial transactions or postal cards;

Nevertheless, the Defendant, upon the request of a person who was named in the name of the deceased (hereinafter “F”) and proposed that “If two corporations are established, and if an account in the name of the pertinent corporation is created by each designated bank, it shall be KRW 30 million” shall be issued from D to August 16, 2012, the Defendant established a “limited liability company E” and “F” corporation, and issued a cash card, etc. connected to the said account from August 13, 2012 to the said account, as indicated in the attached list of crimes (Ⅰ). < Amended by Presidential Decree No. 23488, Aug. 16, 2012; Presidential Decree No. 23568, Aug. 13, 2012; Presidential Decree No. 23788, Aug. 13, 2012; Presidential Decree No. 23785, Aug. 4, 2012>

Accordingly, the Defendant acquired the means of electronic financial transactions in collusion with the name "C Head" who is a person with no name.

2. The Defendant, as above, was fully aware that the head of the passbook (the “C chief”) to which the Defendant was assigned, would be used for the crime of fraud, such as the so-called “Sing,” but, at the same time, at the above time and at the above place, 41.